Fleming announces retirement plans

OUT: Dr. James Fleming says he does not want to distract attention from school board elections. MARK AVERY, THE REGISTER

Capistrano Unified School District Superintendent James Fleming abruptly announced his retirement Wednesday amid an intensifying tide of investigations and accusations.

Fleming issued a statement saying he had been planning to retire for some time but, citing the recent "hysteria" over revelations that school district officials compiled an "enemies list" of parents organizing a school board recall, he accelerated the announcement. Fleming said he did not want to become a focal point in coming school board elections.

"Those campaigning for school board seats, both incumbents and challengers, should focus on the issues, policies and challenges which Capistrano Unified faces, not about whether or not the superintendent should resign his position," Fleming stated.

After Fleming's announcement, school board President Marlene Draper lauded his accomplishments.

"I would say, first and foremost, that in the 15 years Dr. Fleming has run the school district, we have seen the academic achievement of students improve year after year. In addition â¦ we've built over 30 schools. Dr. Fleming has done a tremendous job of leadership. We are sorry to receive notice of his resignation, but we respect his decision."

Draper said trustees would call a special board meeting soon to determine the selection process for a new superintendent.

Upon hearing the news of Fleming's impending departure, parents who spent the last year battling him reacted with joy. Yet many said their desire for broader change remained.

"It's great that he's moving out of the way," said Thomas Russell, a spokesman for the CUSD Recall Committee. "However, that still doesn't eliminate the need to look into and investigate everything that's left in his wake."

Rebecca Bauer, a parent who spearheaded the original recall and sued the county over the Registrar's invalidation of those petitions, also said the fight against trustees continues. "It doesn't really change the overall battle. Those trustees need to go," Bauer said.

"At this point, I think the board is looking at (Fleming) as the sacrificial lamb. I'm just really disappointed at the non-responsiveness of those people that are supposed to be there to protect us," she said.

While Bauer echoed recall supporters' frustration with trustees, she applauded the role of a former district spokesman who revealed the existence of the "enemies list."

"We've been waiting for someone like Dave Smollar. We needed a whistleblower," she said.

Smollar, a former reporter for The Orange County Register and Los Angeles Times, resigned from a spokesman job with the district in May. He later revealed the existence of the list, which Fleming initially disputed, calling his former right-hand man "disgruntled." This week, Fleming admitted that a database had been created but said it was part of an internal investigation into people suspected of hacking into district computers.

Fleming, who had strained relations with a host of elected city officials throughout South County, became the focal point of intense criticism after moving forward last year with plans to build a 126,000-square-foot administration building at a cost of $38 million.

The decision outraged parents who termed the building a "Taj Mahal" and protested the lack of renovation on many of the district's aging school facilities. In April 2005, they responded by mounting a recall campaign targeting all seven school district trustees.

An Orange County Register investigation published last week detailed how district officials created an "enemies list" that kept track of many of the parents involved in the recall effort. Those parents spent much of their summer outside markets gathering signatures and by November, submitted more than 170,000 to county election officials. However, in December, Registrar Neal Kelley invalidated the recall effort citing problems with how they were collected.

Kelley's designation was held up in an Orange County superior court this month. Recall organizers are appealing the decision.

This week, Kelley also became ensnared in the controversy as he admitted to county supervisors that he inadvertently allowed school district officials to see petition signatures, a violation of state law. County supervisors are considering whether to launch an investigation.

County Schools Superintendent William Habermehl said Wednesday he felt sorry for Fleming and the Capistrano community because of the recent scandal. But despite that, he thought Fleming left a positive legacy - and a very attractive job opening.

"He's hired wonderful people there. He's got some of the finest teachers and administrators here and in the state," he said. "If you look at the growth that's taken place in the district, Jim has done an outstanding job. I'm very much a supporter of Jim Fleming."

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